CORP · S03PromotionAsked in 6 of 7 papers (Jun ’22, Dec ’22, Jun ’23, Dec ’23, Jun ’24, Jan ’25)
Under the Companies Act, 2013: An external lawyer gives legal advice solely in a professional capacity. The lawyer is not named as a promoter, has no control, and the only allegation is that the Board usually follows the advice. Which answer best applies section 2(69)?
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Why
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AEvery professional is exempt even if the professional independently controls company affairs.
BFollowing professional advice necessarily makes every adviser a promoter.
CThe lawyer becomes a promoter only when the company pays the legal invoice.
DThe professional-capacity proviso excludes that sole accustomed-advice basis.
Rule
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